Domestic violence is a crime. No one should ever be hurt by someone they love. In order to become a survivor of domestic violence you need to get help from the court system, police, and community resources available to you. I encourage every victim of domestic violence to call the police.

My office wrote this guide for you. It answers many of the questions people have asked about domestic violence. This guide also tells you how you can get an Order of Protection and lists community services and courthouses near you.

If you have any other questions, please do not hesitate to call my office at (312) 325-9467, (312) 325-9468, or (312) 325-9500.

We are here to help you.

WHAT IS DOMESTIC VIOLENCE? Domestic violence is any physical, emotional, orsexual abuse of a household or family member by another.

WHO CAN BE PROTECTED? The IDVA (Illinois Domestic Violence Act) defines household or family members who can be protected as follows: spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, caregivers and high-risk adult with disabilities. 50 ILCS 60/201 and 750 ILCS 60/103(6)(8).

WHAT IS AN ORDER OF PROTECTION? An Order of Protection is a court order signed by a judge. It is designed to protect a petitioner (the person who has been hurt) from the respondent (the person who hurt the petitioner.)

WHERE CAN I GET AN ORDER OF PROTECTION? There are several options:

Criminal Court: if the person whohas been hurt (the petitioner) signs a criminalcomplaint against the person who hurt him or her (the respondent). The State's Attorney's Office then prosecutes the respondent and helps the petitioner get an Order of Protection. The petitioner can only keep the Order if she, or he, follows through with the criminal case.

Civil Court: If the petitioner chooses NOT to press charges the Order of Protection can be granted by a judge in an independent action. In Civil Court, the petitioner can have his or her own attorney or can represent him or herself; this is called pro se.

Child Support Court, Divorce Court, Juvenile Court and Probate Court: A petitioner can also request an Order of Protection in other courts where they are parties to a pending action against the respondent.

The Order of Protection is the same, no matter which court grants it.

HOW MUCH DOES THE ORDER OF PROTECTION COST? The Order of Protection is free. There are no fees for filing the Order. The Sheriff's office serves the Order on the respondent without charge.

HOW DOES THE RESPONDENT LEARN ABOUTTHE ORDER OF PROTECTION? Once a judge grants the Order, it is filed in the Clerk's Office. A copy is sent to the Sheriff's Office and a Sheriff's deputy can then serve a copy of the Order to the respondent (the person who hurt the petitioner).

CAN A MINOR GET AN ORDER OF PROTECTION? Anyone who is a protected party under the Illinois Domestic Violence Act is eligible for an Order of Protection. Minors, under the age of 18, (and some people with disabilities) need an adult to ask for the Order on behalf of the petitioner.

WHAT AREREMEDIES? Remedies are actions the respondent must do or stop doing to the petitioner. For instance, the Order could make the respondent stay out of the shared home for a period of time; or stop harassing or abusing the petitioner; or pay costs if the petitioner had to run away to a safe place. There are 18 different remedies. The Order of Protection forms list each of them.

DO I NEED A LAWYER TO GET ANORDER OF PROTECTION? An Assistant State's Attorney is your attorney when you go to Criminal Court. In Civil Court, it is always a good idea to have an attorney in court with you. You may qualify for free legal assistance, depending on how much money you earn. If you need to hire an attorney, call the Chicago or Suburban Bar Associations for a referral. If you do not qualify for free legal assistance, and you cannot afford an attorney, you can act as your own attorney. You must bring the respondent's date of birth, social security number and address with you to complete the forms. The Clerk's Office in each court has the forms you need.

DISTRICT 1 COURTHOUSE LOCATIONS

District 1 Courthouses

DOMESTIC VIOLENCE COURT FOR CHICAGO

555 West Harrison
Chicago, IL 60607-4313 (312) 325-9500

Both criminal and civil domestic violence cases are heard in this courthouse.

If the petitioner presses charges against the respondent, the State’s attorney’s office assists the person in getting an order of protection. (312) 325-9220

If the petitioner does not press charges against the respondent, any attorney or a pro se petitioner can request an order of protection. (Pro se petitioners are individuals who act as their own attorneys.) (312)325-9460 or (312)325-9467

The Illinois Domestic Violence Act recognizes domestic violence as a serious crime. It creates legal remedies which may be ordered by the court. One of the most useful of these is commonly referred to as an ORDER OF PROTECTION.

We hope the information presented here will help your understanding of the circuit court system as it relates Domestic Violence and guide you to the resources within the community that may be available to you. If you have questions, please do not hesitate to call Kathleen Monahan at (312) 325-9467.